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Depending on who controls the family loot, you will pay out, or receive, far more by divorcing in England than elsewhere. And the stakes are set to get even higher.
“We are the Bond Street of Europe for women in terms of divorce,” said Sandra Davis, head of family law at Mishcon de Reya, the solicitors. “The level of awards for women has increased significantly.”
James Stewart, a partner at the law firm Manches, agrees: people seeking divorce are choosing to pursue it in England because of the generous payouts.
“I acted, for example, in the case of an Irish wife living with her husband, a wealthy businessman, who was working in the Far East,” he said. “They had homes in Ireland, the Far East and England. She returned to London with their children to establish jurisdiction there for their divorce.” Why? Because that’s where she stood to get the best deal.
Nor is it just women who want to reap the rewards. “We must be careful to avoid being sexist,” warns Stewart. “I have also acted for wealthy women married to less wealthy husbands.” Those husbands too are choosing to divorce in England in the hope of winning bigger settlements.
Now two cases heard in the House of Lords last week are poised to up the ante in English divorces still further.
One concerns a wife who claims the right to share in the future income of her husband. In addition to splitting their assets equally, she wants £250,000 of his £750,000 annual earnings.
In the other case, a City fund manager claims the £5m he has been ordered to pay his ex-wife is excessive, mainly because they were married for less than three years. Even if the Lords judgment reduces the award, the case is expected to set higher standards for settlements in short marriages.
The law lords do not have an enviable job. At stake are huge sums and the plight of thousands of people. In 2004 just over 300,000 people were married in Britain, while 167,000 were divorced.
Should bringing up children count for as much as slaving away in an office? Is staying at home a cushy lifestyle choice or a sacrifice? Is a trophy wife (or toyboy) worth more or less than a work-a-day spouse? And what price, if any, should be put on infidelity?
These are just some of the questions the law lords must rule on.
FOR years divorce law has been one long argument with lots of crockery flying. When Shirley Conran separated from her designer husband Terence in 1962, for example, women had few rights.
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